An eye on the law

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4th August 2011

Personal injury claims: What happens at a trial?

Most personal injury cases are settled without ever going to trial, however if it does become necessary to issue and serve proceedings, directions will be given by the court leading up to and including the trial date.

Your solicitors will prepare a trial bundle including all evidence relevant to the case. This will be available to the court, the defendants and any witnesses. A barrister is likely to be employed to conduct the trial on your behalf.

The claimant’s barrister will open the proceedings in order to briefly set out your case. It will then move swiftly onto the taking of witness evidence. It is likely that the claimant will have to give evidence at court along with any witnesses the defendant wishes to rely on. Both the claimant’s and the defendant’s barristers will question the witnesses.

Medical experts may be called to court if there are any discrepancies or contradictions with medical evidence. Again, both the claimant’s and the defendant’s barristers are entitled to cross-examine the medical expert.

Once all evidence is examined and witnesses and experts have been questioned, the barristers will sum up the case, with the claimant’s barrister summing up last.

If possible, the Judge will pass their judgement on the same day as the trial after an adjournment. Sometimes, however, this is not possible and parties may either have to return to court at a later date to hear the judgement or wait to receive it in the post.

Our experienced specialist solicitors will assist you throughout the course of a personal injury claim and trial with our ‘No Win, No Fee’ service. Have a look at our website for more information about the personal injury services we offer, or give one of our offices a call to see how we can help you: